Black Label Developments Pty Ltd v McMenemy

• 1. Building and Construction
  2. › Security of payment
  3. › Adjudication certificates
  4. › Judgment under s 25
  5. › Stay of execution pending other proceedings
  6. › Role of statutory policies in discretion to grant stay
  7. › Whether policies absolutely confine exercise of power
  8. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 25, 32
• 1. Building and Construction
  2. › Security of payment
  3. › Consumer residential building work
  4. › Whether consumer status of principal relevant to discretion to stay s 25 judgment
  5. › Whether statutory policies apply differently where principal is owner-occupier
  6. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 7, 25
• 1. Practice and Procedure
  2. › Stay of execution
  3. › Discretionary power under s 135 Civil Procedure Act 2005 (NSW)
  4. › Factors relevant to exercise of discretion
  5. › Strength of prima facie case in other proceedings
  6. › Whether consideration of strength of case limited to cases of irreparable harm
  7. › Civil Procedure Act 2005 (NSW), ss 56, 58, 67, 135
• 1. Practice and Procedure
  2. › Stay of execution
  3. › Assumptions underlying significance of statutory policies
  4. › Whether adjudicator's failure to determine aspects of principal's response relevant
  5. › Whether existence of construction contract a foundational assumption
  6. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 3, 4, 22, 25

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